Regular bail petition under IPC Section 395 for a robbery of a truck carrying Makhana. Petitioner unnamed in FIR, implicated via co-accused's confession. Court granted bail with bond of Rs 20,000 and two sureties, conditioned on attendance at court hearings.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27276 of 2024
Arising Out of PS. Case No.-10 Year-2023 Thana- JADIA District- Supaul
======================================================
Ashish Kumar @ Ashish Kumar Mehta S/o- Sanjay Kumar Mehta Village- Baisa PsBhaptiyahi Dist- Supaul
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== For the Petitioner/s : Mr.Arun, Adv. For the Opposite Party/s : Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 27-06-2024
Heard learned counsel for the petitioner and learned
A.P.P for the State.
2 . The petitioner has preferred this application for grant of regular bail in connection with Jadiya P.S. Case No. 10 of 2023 dated 12.01.2023 registered for the offences punishable u/s 395 of the Indian Penal Code.
3 . As per the prosecution case, 8-10 unknown miscreants intercepted the truck of the informant and looted the same which was loaded with 2160 kgs of Makhana and also snatched mobile phone and Rs. 12,000/- on the point of pistol.
4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Shankar Chaudhary. Nothing has been recovered from the conscious possession of the petitioner. No T.I.P. has been conducted by the prosecution. The co-accused persons have already been granted
Patna High Court CR. MISC. No.27276 of 2024(2) dt.27-06-2024 2/2
regular bail by this court vide order dated 31.07.2023 passed in Cr. Misc. No. 44382 of 2023. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 29.09.2023.
5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6 . Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with Jadiya P.S. Case No. 10 of 2023 with the condition :-
(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7 . The application stands allowed.
(Chandra Prakash Singh, J)
Gautam/- U T
1 issue framed by the court
Whether the petitioner, named only in a co-accused's confession with no recovery or TIP, should be granted regular bail for robbery under IPC 395.
1 provisions across 1 enactments
Ashish Kumar @ Ashish Kumar Mehta
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
